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FREDERICK v. STATE

No. 83-1432.

451 So.2d 1066 (1984)

William FREDERICK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 28, 1984.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Brynn Newton, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The issue in this case is whether or not the state can rely on the burglary presumptive intent statute, section 810.07, Florida Statutes (1981),1 when it has charged an intent to commit a specific offense. The Second District has held that the state, under such circumstances, may not rely on the presumption. T.L.J. v. State, 449 So.2d 1008

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